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Health, Wellness, and Ethics. Robert E. Kleinpeter August 24, 2018. Baton Rouge Bar Association Young Lawyers Section’s Summer Sizzlin CLE. History Lesson. GPA and Class Rank Distributions. The Science of Satisfaction. Neuroscience – new technology and the study of brain chemistry
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Health, Wellness, and Ethics Robert E. KleinpeterAugust 24, 2018 Baton Rouge Bar Association Young Lawyers Section’s Summer Sizzlin CLE
The Science of Satisfaction • Neuroscience – new technology and the study of brain chemistry • Evolutionary Psychology – studies how the reproductive advantages and disadvantages of different emotional reactions to events shaped our development • Positive Psychology – cognitive and social psychology which explores how geography, relationships, and careers affect us
Positive Psychology • Designed to supplement, not replace, traditional psychological research • Focus is on health, not disease • Researches positive emotions and character traits
Why Lawyers are Unhappy • Pessimism • Low decision latitude • “Zero-sum game” nature of the job • Internal values are not aligned with work
Pessimism v. Optimism • The difference is “explanatory style” • A pessimist views bad events as pervasive, permanent, and uncontrollable • An optimist views bad events as local, temporary, and changeable • In all endeavors pessimism is a bad trait, except for law
Pessimism • Major risk factor for depression • Lawyers cannot easily turn off their pessimism (prudence) at home • Thinking like a lawyer is fundamentally negative – it’s critical, pessimistic, and depersonalized
Low Decision Latitude • Decision latitude refers to the number of choices one has • Occupations that involve little or no control are at risk for depression and poor physical health • High job demand with low decision latitude means more coronary disease and depression
Zero Sum and the Adversary System • The adversary system is a classic zero sum game • Lawyers are trained to be aggressive and compete in order to win at trial • Generating negative emotions in an adversary setting can create lawyer demoralization
Optimism • Learned optimism – you can employ a “disputing technique” • Identify catastrophic thoughts • Treat thoughts as if said by a third person whose mission is to make your life miserable • Marshal evidence against catastrophic thoughts
Remedies to Low Decision Latitude • Combination of high pressure and low decision latitude causes negative health effects • Try to increase personal control over work • More substantive training, mentoring, team involvement, client contact • Using signature strength of attorneys
The Adversary System • Reflects values of individual rights and natural justice • Promotes control by the parties • Lawyers preserve and enforce these rights and serve the public by doing so • Can lawyers participate in the adversary system without generating conflict on a personal level?
Moral Foundations - Positive • Care • Fairness • Authority • Sanctity • Loyalty • MoralFoundations.org
Moral Foundations - Negative • Harm • Cheating • Subversion • Degradation • Betrayal • MoralFoundations.org
Increasing Lawyers’ SatisfactionWith Work • Find work that interests you • Align your work with your values • Balance your work and the rest of your life • Deepen workplace relationships • Savor the small pleasures